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The contract of sale of an area intended for parking, which does not include a parking space, results in a price supplement

  • 08/02/2024

The Court of Cassation, Section II, with Order No. 1436 of 15 January 2024, ruled that "in the event of automatic transfer of the right of use of a parking area, the seller's right to the consideration supplementary to the original price must be the subject of an independent application. The party who, in the course of the proceedings on the recognition of the right of use of the tied spaces, has not ritually made it, may well make it subsequently, without the previous pronouncement of nullity of the contract and the consequent integration 'ope legis' being an obstacle".

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